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EPA Proposes Cleanup Authority Expansion Under RCRA for PFAS and Other Emerging Contaminants

On February 8, 2024, the U.S. Environmental Protection Agency (EPA) proposed two rules to expand the Agency’s authority to address releases of per- and polyfluoroalkyl substances (PFAS) and other emerging contaminants at...more

EPA Announces Plan to Modify and Expand the RCRA Universal Waste Rule for Lithium Batteries and Solar Panels

As part of an effort to improve the recycling and management of wastes from the generation and storage of renewable energy, the U.S. Environmental Protection Agency (EPA) recently announced that it is developing a proposed...more

EPA Seeks Comments on Potential Changes to the RCRA Definition of Empty Containers and Standards for Managing Used Containers

The U.S. Environmental Protection Agency (EPA) is considering and seeking public comment on potentially significant amendments to the hazardous waste regulations concerning the management, recycling, and disposal of drums and...more

New EPA Guidance on Lithium-Ion Batteries Leaves Critical Questions Unanswered

On May 24, 2023, the U.S. Environmental Protection Agency (EPA or the Agency) issued guidance on the potential applicability of the nation’s hazardous waste regulatory program under the Resource Conservation and Recovery Act...more

Court Rejects EPA’s Narrow Interpretation of a Key RCRA Exemption, Undercutting a National Enforcement Initiative

On September 22, 2022, the Environmental Appeals Board (EAB) of the U.S. Environmental Protection Agency (EPA or the Agency) issued an Order finalizing a recent decision of an EPA Administrative Law Judge (ALJ) that rejected...more

EPA Finalizes Changes to the RCRA Ignitability Characteristic, Backing Away from Proposed Substantive Modifications But Providing...

On June 8, 2020, the Administrator of the U.S. Environmental Protection Agency (EPA) signed a final rule to “modernize” the ignitability characteristic under the Resource Conservation and Recovery Act (RCRA), which is one of...more

EPA Finalizes Universal Waste Rule for Hazardous Aerosol Can Wastes, Streamlining Requirements for Their Management

On November 15, 2019, the Administrator of the U.S. Environmental Protection Agency (EPA) signed a final rule to classify and regulate hazardous aerosol can wastes as “universal wastes” under the federal Resource Conservation...more

Basel Ban Amendment to Restrict International Trade in Hazardous Recyclables

Beginning in December 2019, the Ban Amendment to the Basel Convention will prohibit shipments of hazardous waste from OECD countries to non-OECD countries for disposal or recovery. While the Ban Amendment was originally...more

9/11/2019  /  Exports , Hazardous Waste , Imports , OECD , Recycling

EPA Proposal to Modernize the RCRA Ignitability Characteristic May Cause More Wastes to be Classified as Hazardous

On April 2, 2019, the U.S. Environmental Protection Agency (EPA) proposed numerous changes to the ignitability characteristic under the Resource Conservation and Recovery Act (RCRA), which is one of the methods used to...more

EPA Overhauls Rules for Pharmaceutical Wastes That Qualify as RCRA Hazardous Wastes

On December 11, 2018, the Acting Administrator of the U.S. Environmental Protection Agency (EPA or "the Agency”) signed a final rule establishing special management standards for pharmaceutical wastes that are classified as...more

EPA Issues Interim Final Rule on Collection of Recalled Airbags under the RCRA Hazardous Waste Regulations, Potentially Providing...

On November 13, 2018, the Acting Administrator of the U.S. Environmental Protection Agency (EPA or the “Agency”) signed an interim final rule establishing a conditional exemption from federal hazardous waste regulatory...more

EPA Issues Proposal to Streamline Requirements for Hazardous Aerosol Can Wastes by Classifying and Regulating Them as “Universal...

On March 5, 2018, the Administrator of the U.S. Environmental Protection Agency (“EPA”) signed a proposed rule to classify and regulate hazardous aerosol can wastes as “universal wastes” under the federal Resource...more

D.C. Circuit Revises Its 2017 Ruling on the RCRA Definition of Solid Waste, Clarifying When Recyclable Materials May Be Classified...

On March 6, 2018, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) issued a ruling that revises its 2017 decision on the definition of solid waste under the Resource Conservation and Recovery...more

D.C. Circuit Invalidates Part of the RCRA Definition of “Solid Waste,” Altering the Regulatory Framework for Recycling of...

On July 7, 2017, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit” or the “Court”) issued a decision invalidating two key elements of the regulatory definition of solid waste under the Resource...more

EPA Overhauls Rules for Hazardous Waste Generators, Imposing Substantial New Burdens on Hundreds of Thousands of Facilities in...

1 Introduction - On October 28, 2016, the Administrator of the U.S. Environmental Protection Agency (“EPA” or the “Agency”) signed a final rule that completely overhauls the long-standing requirements for generators of...more

EPA Revises Hazardous Waste Import-Export Rules

On October 28, 2016, the Administrator of the United States Environmental Protection Agency (EPA) signed a rule finalizing significant modifications to the requirements governing the export and import of hazardous waste. The...more

EPA Issues Strategy to Address the Mismatch Between the Federal Hazardous Waste Rules and the Retail Sector

On September 12, 2016, the U.S. Environmental Protection Agency (“EPA” or the “Agency”) issued a strategy for addressing growing concerns about the application of the federal hazardous waste regulations under the Resource...more

FedEx Settlement with California Department of Toxic Substances Control Contains Important Lessons/Reminders for Product and Waste...

On June 14, 2016, FedEx Ground Package System, Inc. (“FedEx”) entered into a settlement with the California Department of Toxic Substances Control (“DTSC”) to resolve allegations that FedEx improperly handled, transported,...more

EPA Requests Comment on Tentative Denial of Petition to Expand Dramatically the RCRA Corrosivity Characteristic

This news alert discusses EPA’s tentative decision to deny a petition from one of its own scientists and an environmental group, both seeking a dramatic expansion of the definition of “corrosive” wastes under the U.S. federal...more

EPA Proposes Revisions to Hazardous Waste Import-Export Rules

On October 19, 2015, the United States Environmental Protection Agency (EPA) proposed significant modifications to rules governing the export and import of hazardous waste. The proposal would affect transboundary shipments...more

EPA Proposes New Rules for Pharmaceutical Wastes That Qualify as RCRA Hazardous Wastes

On August 31, 2015, the Administrator of the U.S. Environmental Protection Agency (“EPA” or the “Agency”) signed a proposed rule that would establish special management standards for pharmaceutical wastes that are classified...more

FedEx Enters Settlement with California District Attorneys to Partially Resolve Allegations of Mismanagement of Damaged Products,...

On July 28, 2015, FedEx Ground Package System, Inc. (“FedEx”) entered into a settlement agreement (“Settlement”) with a group of California District Attorneys to partially resolve allegations that the company stored and...more

EPA Proposal to “Improve” Hazardous Waste Generator Rules Is a Mixed Bag, with Many Parts Likely to Have the Opposite Effect

On August 31, 2015, the Administrator of the U.S. Environmental Protection Agency (“EPA” or the “Agency”) signed a proposed rule designed to “improve” the long-standing requirements for generators of hazardous wastes under...more

FedEx Asks Federal Appeals Court to Block California Enforcement Case Alleging Mismanagement of Damaged Products

On February 23, 2015, FedEx Ground Package System, Inc. (“FedEx”) filed an appeal in the U.S. Court of Appeals for the Ninth Circuit (“9th Circuit”), seeking to block an enforcement action brought by the State of California...more

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